Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Power] On December 15, 2016, the Defendant was sentenced to a suspended sentence of two years for eight months by imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Seoul Northern District Court.

【Criminal Facts】

around 01:45 on January 10, 2020, the Defendant driven a DNA car with a blood alcohol concentration of 0.142% in the section of about 15 km in front of the exit of Mapo-gu Seoul Mapo World Cup No. 7, Mapo-gu, Mapo-gu, Seoul.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Making a report on the control of drinking driving;

1. The application of Acts and subordinate statutes on criminal records, etc. inquiry reports (A), investigation reports (Attachment to a copy of judgment on related cases);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant was sentenced to a suspended sentence of two years due to a violation of the Road Traffic Act in 2016 and a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; (b) the Defendant has no criminal record, except for a criminal record on one occasion; and (c) the Defendant has not realized the risk of traffic accident due to the crime of driving under the influence of alcohol in this case; and (d) the Defendant has committed a crime of driving under the influence of alcohol in this case; (b) the degree and distance of the drinking alcohol in this case; and (c) the degree and distance of the Defendant’s age, character and behavior, environment, motive and consequence of the crime; and (d) the circumstances after the crime, etc., which are conditions for sentencing